El Omari (Migration)

The Administrative Appeals Tribunal considered an application for an Other Family (Residence) (Class BU) visa, specifically a Subclass 836 (Carer) visa. The applicant sought review of a decision concerning their eligibility for this visa.

The primary legal issue before the Tribunal was whether the applicant met certain criteria for the Subclass 836 visa, specifically those outlined in Regulation 1.15AA(1)(b) and (c) for the purpose of clause 836.221 of Schedule 2 to the Regulations. The Tribunal was required to determine the validity and sufficiency of a carer visa assessment certificate provided by the applicant.

The Tribunal found that the applicant had met the specified criteria. Consequently, the Tribunal remitted the application for the visa back to the Minister for reconsideration, with a direction that the carer visa assessment certificate satisfied the relevant regulatory requirements. The Minister is now to consider the remaining criteria for the Subclass 836 visa.